Legal Question in Employment Law in California
Bad Termination?
Hello, I began working for my most recent employer on April 23rd, 2007 and was terminated today abruptly and unexpectedly May 24th, 2007.
Here's the two problems I had with this employer.
During my first meeting with my boss (president/CFO) he stated that he didnt care what I did with the Call Center (I was Director) but wanted my primary focus to be on the marketing of the company's live video kiosks. He stated that ''sex sells'' and that he wanted me to hire only attractive looking women with large breasts. Fearing I'd lose my job I did my best within my personal ethics to hire qualified people rather than attractive. He also stated that he wanted me to make sure that my female reps all wore revealing tops that showed as much cleavage as possible. I never ''enforced'' this or even hinted at it with my reps. Could this be considered harassment of some sort since it was offensive to me and many other employees (who fear speaking out)?
The second problem I'm having is they have shorted me twice on my paychecks including my last check. The math was poorly done more than once and I wasnt given an oppertunity to question the amount of my check. Is this something I can have an attorney purse or at least look into?
2 Answers from Attorneys
Re: Bad Termination?
There was a recent California Supreme Court case that addressed the very issue you raise. The court held that an employer cannot retaliate against an employee who refuses to violate the law by firing an employee who did not look sexy enough.
As with any case of discrimination or retaliation, the strength of the case depends on the evidence you have to support your claims. Witnesses will be very important. An attorney or an investigator may want to contact the potential witnesses before contacting the employer.
Obviously, if you are owed wages, that should be pursued, along with the claim for waiting time penalties, which are the equivalent of a day's pay for each day the wage is late, up to a maximum of 30 days.
You best bet is to have an experienced employment law attorney go over the facts of the case with you to explore your options. Do not threaten to sue the employer until you speak with an attorney first.
Re: Bad Termination?
IF you can prove the firing was retaliation for refusal to comply with the sexual harassment inducing rules, then you have a claim. If you didn't object, how do you prove it to be retaliation? If you didn't object, but simply didn't comply, you can still argue that it is illegally impermissible to fire you. Facts, evidence and witnesses will make or break your case. You have to overcome their reasons for the firing. Feel free to contact me if you want legal help in pursuing your claim; employment litigation has been a specialty of mine for over twenty years.
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